State Government Use of AI: The Opportunities of Executive Action in 2025
From the Center for Democracy and Technology, January 10, 2025
Following the release of ChatGPT in 2022 when artificial intelligence (AI) – and generative AI more specifically – captivated the public consciousness, state legislatures and governors across the country moved to regulate its use in government in the absence of Congressional action. Efforts to regulate state government use of AI have primarily taken the form of public sector specific legislation (which CDT analyzes here) and executive orders (EOs).
So far, thirteen states (Alabama, California, Maryland, Massachusetts, Mississippi, New Jersey, Oklahoma, Oregon, Pennsylvania, Rhode Island, Virginia, Washington, Wisconsin) and D.C. have issued EOs that primarily address whether and how AI is or should be used in state government. Analysis of these EOs reveals four main trends:
States do not have a consistent definition of AI.
Current state EOs acknowledge the potential harms of AI in the delivery of public services.
The majority of these EOs suggest pilot projects as a starting point for government agencies.
States are prioritizing AI governance and planning prior to implementation.
